IN RE MARRIAGE OF BUOL

Docket No. S.F. 24823.

39 Cal.3d 751 (1985)

705 P.2d 354

218 Cal. Rptr. 31

In re the Marriage of ESTHER and ROBERT BUOL. ROBERT BUOL, Appellant, v. ESTHER BUOL, Respondent.

Supreme Court of California.

September 16, 1985.


Attorney(s) appearing for the Case

COUNSEL

T.G. Fitzgerald for Appellant.

Mary Catherine Farley for Respondent.


OPINION

REYNOSO, J.

May legislation requiring a writing to prove, upon dissolution of marriage, that property taken in joint tenancy form is the separate property of one spouse constitutionally be applied to cases pending before its effective date? We conclude that it may not. Applied retroactively, the statute impairs vested property rights without due process of law.

Esther and Robert Buol married in 1943 and separated in...

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